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Clean hands, sometimes called the clean hands doctrine, unclean hands doctrine, or dirty hands doctrine, [1] is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands".
In the account in the Gospel of Matthew, the Pharisees complain to Jesus that his disciples break the tradition of the elders because they do not wash their hands before eating. Jesus responds: Listen and understand. What goes into a man's mouth does not make him 'unclean', but what comes out of his mouth, that is what makes him 'unclean.' [3]
Unclean hands. In addition to defenses against prosecution and liability, a defendant may also raise a defense of justification – such as self-defense and defense of others or defense of property. In English law, one could raise the argument of a contramandatum, which was an argument that the plaintiff had no cause for complaint. [3]
However, the requirement of clean hands does not mean that a "bad person" cannot obtain the aid of equity. "Equity does not demand that its suitors shall have led blameless lives." [15] The defense of unclean hands only applies if there is a nexus between the applicant's wrongful act and the rights he wishes to enforce.
These are the things which defile a man: but to eat with unwashen hands defileth not a man. The New International Version translates the passage as: These are what make a man 'unclean'; but eating with unwashed hands does not make him 'unclean.'"
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The unclean hands cases of Keystone Driller v. General Excavator, Hazel-Atlas v. Hartford, and Precision v. Automotive formed the basis for the doctrine of inequitable conduct that developed and evolved over time. [2]
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